Maiorana, P.C.

Registered Patent Attorneys

Is There a Difference Between an “All In” Quotation and a Flat Rate per Job?

Yes, there is a difference.

When possible, we like to work with a flat rate patent application fee schedule. To make that effective for both parties, we like to have some initial dialog with the client to determine whether the scope of their work fits within our flat rate schedule. A patent application that is around 35 total pages, and 10 drawings or less fits within a flat rate schedule. There is no fixed number of pages. We do normally quote an extra charge if the application goes over 50 pages. If an application goes much over 50 pages, we tend to recommend dividing into multiple filings. I discuss that here.

The flat rate (or fixed rate) schedule that we use is for the services up to filing a patent application with the United States Patent and Trademark Office (USPTO). Once the Patent Office responds with an office action, which I discuss here, we need to respond. I recently discussed a file that another patent attorney started where he provided a fixed quote for both the preparation of services for filing the application and all future work. While this sounds like a good idea on first glance, it ended up being a terrible idea. The patent attorney basically filed a “non” response which had little or no chance of success at the Patent Office. Then a final office action was mailed, which I discuss here. The client was frustrated that they did not have a patent. In practice, they had little chance of success.

This scenario would not happen with our flat rate schedule. We would use the appropriate level of care needed to respond to the Patent Office. Some of the more difficult cases tend to be the more valuable cases. More difficult tends to mean that more responses may be needed. Each case is different, and does need the appropriate level of care. That is why we use a flat rate patent services fee schedule per filing.

During our initial consultation, we will determine the level of attention that an invention needs. Not all inventions are the same. Then we would negotiate the legal fees needed to prepare and file your patent application. The rate would include potentially multiple revisions based on your comments. A patent application is a collaborative endeavor.

Please call one of out Patent Lawyers at MI - 586-498-0670 or CA - 408-890-6549 to set up your initial consultation.

  • Chris Maiorana
  • June 2017
[1]  Our new Office in San Jose is is convenient for inventors and entrepreneurs in Silicon Valley to set up your initial consultation to discuss your invention.
Topics: flat rate patent application, flat rate patent services fee schedule, patent application USPTO, Silicon Valley entrepreneur

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